Employees often refuse to sign disciplinary measures, but they are more likely to sign if notices are presented and formulated correctly. They want their signature as proof that they have received discipline for their behavior. I deny the second paragraph, which states that I am not a team player. Attached are four positive peer reviews and two corporate teamwork awards. What should you do if your boss asks you to sign an article and you disagree with him or plan to challenge it? Ask for time to write a rebuttal, or sign the document with a note stating that you have received and reviewed the article, and find that your signature does not indicate approval of its contents. If an employer threatens to fire a worker for not signing a disciplinary notice, the company has unnecessarily made the situation worse, agreed Jeffrey Stewart, an attorney with White and Williams in Center Valley, Pennsylvania. If the employee is laid off at that time, they are likely to be eligible for unemployment benefits (which can increase unemployment taxes for your business), even if the warning was for misconduct or poor performance. Repeated misconduct usually disqualifies someone from unemployment benefits; poor performance doesn`t, he noted. If the employee nevertheless decides not to sign, a human resources manager and a witness can document the receipt with their own signatures. You may later be asked to testify that the discipline was presented to the employee.

If the employee refuses to sign and does not file a rebuttal, it becomes more difficult for the employer to prove that the employee received the discipline, she noted. ”If the employee decides to deny it, there is not much the employer could do to counter it.” Above the employee`s signature line, there should be language stating that the signature does not mean that you agree with the information it contains, but only that you confirm that you have received a copy of the written notice. Employees are more likely to sign disciplinary notices that clearly state above the signature line that they disagree with the warning, and by signing, they only confirm that they have received and reviewed the documents, said Kristin Gray, an attorney at FordHarrison in Spartanburg, S.C. Despite an employer`s efforts, sometimes an employee still refuses to sign. So what does HR do? You don`t want to look like you`ve written down the employee and put the documentation in a personal, invisible folder. Instead of insisting on a signature, HR professionals should encourage the employee to submit a written rebuttal, Shea said. Attach the rebuttal to the disciplinary form. Danaher recommended separating the signature field from the body of the disciplinary report. She said the signature field should read: ”My signature here ONLY shows that I had the opportunity to read this report. It does NOT show my consent to the content” and should have a signature line underneath.

If there is a comment field, add another signature line underneath. While some may fire an employee for not signing as an insubordination, Patricia Wise, an attorney at Spengler Nathanson in Toledo, Ohio, said an employer should not insist that the employee sign a disciplinary notice. Asking for a signature on a disciplinary notice is not like distributing an employee manual or providing a restrictive agreement that must be signed without exception, she said. You can also choose to add language that indicates that failure to sign the confirmation is a form of employee misconduct and is grounds for termination. She said there are at least two benefits to a written rebuttal: If it fails and you, as an HR representative, are alone with the employee, you can call another manager as a witness, Shea said. In the presence of the witness, ask the employee to confirm that you have exceeded discipline and that the employee has decided not to sign. Then you and the witness can sign and date a language that would say something like, ”Met the staff member on [date] and discussed the above. The employee refused to sign” with his full name or initials and date. Or the supervisor can do all of this if you`re not at the disciplinary session. [SHRM-HR Q&A for members only: Should HR be included in all disciplinary sessions?] You did the hardest part: you documented an employee`s poor performance or misconduct, discussed it with the employee and their supervisor, and wrote down the procedure.

One last step and you can all move forward; All they have to do is sign your report on the disciplinary measures. But wait! He protested against the discipline and refused to sign. What else? Using this type of language gives the employee the opportunity to disagree with the content while confirming receipt, while protecting you from allegations of misrepresentation. Was this article helpful? SHRM offers thousands of exclusive tools, templates, and other benefits for members, including compliance updates, sample policies, HR expert advice, educational discounts, a growing online membership community, and more. Sign up now and let SHRM help you work smarter. If you are dealing with an employee who was written and reprimanded, but then rebelliously refused to acknowledge the disciplinary measure, you may end up with a belligerent and uncooperative person on your hands. In relatively quiet procedures, have an HR representative in the room with you as a witness – or in extreme circumstances – call security to escort the employee out of the building. Careful wording can prevent the employee from refusing to sign You, the HR professional, might say something like, ”We will discuss with you the issues that led to this discipline. At the end of this meeting, we will show you a form on which we have documented the reasons for this meeting and the discipline and give you time to review it. We will also ask you to sign the form just to show that you have received and read it. Do you have any questions before we start? » Find and download FREE white papers from industry experts. Lisa McQuerrey is an award-winning writer and writer for over 25 years.

She specializes in economics, finance, workplace/career and education. Some of the publications she has written for include In Business Las Vegas, Nevada Business Journal, and National Real Estate Investor Magazine. If you`ve gone out of your way through the article with a fine, explanatory comb, provided the opportunity to write a rebuttal, and given the employee time to reconsider their decisions, and there`s still an involuntary willingness to sign, you have a few options. Pay attention to how this rejection is characterized, Danaher warned. She prefers the less contradictory phrases ”chose not to sign” or ”decided not to sign after being asked to do so.” If your writing was a ”he said-she said” issue where it`s hard to show categorically that you weren`t to blame, look for human lawyers who are willing to speak on your behalf. This is especially important if the essay refers to behaviors such as bullying or harassment at work. If you have witnesses or someone who can vouch for your daily behavior, ask them to write a letter of support that accompanies your own rebuttal. You may be able to discuss the matter with your boss and prevent the document from being officially filed, or you may be asked to submit your rebuttal in writing.

However, by speaking on the spot, you will alert your boss that you are denying his claims. If you are feeling emotional at this time, it is normal to say that you do not agree with the results of the letter and plan to submit a written rebuttal the next day. Explain at the beginning of the disciplinary meeting what will happen, recommended Maria Greco Danaher, an attorney at Ogletree Deakins in Pittsburgh. You can have a lot of conflicting emotions when you`re written at work, and you`ll likely have an even stronger reaction if you feel the article was taken out of context by mistake or from information. Most employers allow employees to thwart duties, both disciplinary and performance reviews. If you want to question what`s in your letter, approach it in a professional and detailed manner. Go into detail on each point of the writing and explain why you disagree with the results. The employer can ask the employee to write on the ”I disagree” form and sign and date that, noted Robin Shea, an attorney at Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C. However, it rarely works, she added. If your letter is accompanied by a performance evaluation where your boss warns you that you are not performing well in critical areas, your rebuttal should be even more concise. Don`t let nebulous comments fly away on a performance review. When you look at the facts and realize that you are to blame or at least that you played a small role in the incident, admit your mistake and explain to your supervisor how you want to fix the situation and prevent future problems.

Document the exchange in writing and request that it be included in your employee file with your letter. Gather any supporting evidence you can find that confirms your views on the situation in writing. You can also ask the employee to write down their rebuttal, which gives them the opportunity to voice their complaints and address any issues that deserve the attention of the human resources department. .